ST 218 of the Criminal Code of the Russian Federation.
Violation of the rules for recording, storing, transporting and using explosives, flammable substances and pyrotechnic products, as well as illegally sending these substances by mail or luggage, if these acts negligently resulted in the infliction of serious harm to health or the death of a person, is punishable by forced labor for up to five years. years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
Commentary to Art. 218 of the Criminal Code of the Russian Federation
Commentary edited by Esakova G.A.
1. The subject of the crime is explosives, flammable substances and pyrotechnic products.
2. The objective side is characterized by alternatively provided acts: a) violation in the form of action or inaction of the current rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products; b) illegal shipment of explosives and flammable substances.
3. The crime is completed at the moment of causing serious harm to the health or death of a person.
4. The subject of the crime is a special one - a person who, in accordance with the established procedure, was assigned responsibilities to comply with the relevant rules, or a general one (in case of illegal transfer).
Commentary to Art. 218 Criminal Code
1. The subject of the crime is explosives, flammable substances and pyrotechnic products.
2. The objective side is characterized by alternatively provided acts: a) violation in the form of action or inaction of the current rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products; b) illegal shipment of explosives and flammable substances.
3. The crime is completed at the moment of causing serious harm to the health or death of a person.
4. The subject of the crime is a special one - a person who, in accordance with the established procedure, was assigned responsibilities to comply with the relevant rules, or a general one (in case of illegal transfer).
Commentary on Article 218 of the Criminal Code of the Russian Federation
Commentary edited by Rarog A.I.
1. Object - public safety in the field of handling explosives, flammable substances and pyrotechnic products. An additional object is human life or health.
2. The subject of the crime is explosives, flammable substances (see commentary to Article 217 of the Criminal Code), pyrotechnic products: firecrackers, smoke bombs, flares, signal cartridges, etc. intended for illumination, fireworks, light and sound effects.
3. The objective side of the crime: either violation of the rules established for the accounting, storage, transportation and use of substances specified in the disposition, or their illegal shipment by mail or luggage, since such actions are prohibited by the rules (see, for example, Article 22 of the Federal Law dated July 17, 1999 “On Postal Services”; clause 43 of the Rules for the provision of services for the transportation of passengers and luggage for personal needs on federal railway transport, approved by Government Decree of March 11, 1999 N 277 (as amended by Government Decree of January 29 2001 N 62); clause 9.1 of the Rules of International Air Transport, approved by the Minister of Civil Aviation on January 3, 1986 N 1/I). In both cases, it is necessary to establish the fact of the occurrence of the conditions specified in Art. 218 CC consequences and causation. On the concept of grievous bodily harm, see the commentary to Art. 111 of the Criminal Code.
4. Subjective side - guilt in the form of negligence.
5. Subject (depending on the act committed): in case of illegal transfer - a person who has reached the age of 16 years; in case of violation of the rules - a special one: a person who, by the nature of his activity, is entrusted with the responsibility to comply with these rules.
Commentary on Article 218 of the Criminal Code of the Russian Federation
Commentary edited by A.V. Brilliantova
The main object of the crime is safety in the field of handling explosives, flammable substances and pyrotechnic products.
An additional object is relations to protect human health.
The subject of the crime is explosives, flammable substances and pyrotechnic products.
In accordance with paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices”, explosives are chemical compounds or mechanical mixtures of substances capable of rapid self-propagating chemical transformation and explosion without access to air oxygen. These include TNT, ammonites, plastites, elastites, gunpowder, solid rocket fuel, etc.
Flammable substances are not classified as explosives, but pose a potential danger due to their ability to quickly ignite as a result of mechanical action, interaction with water, air or fire, for example, gasoline, chlorine, white phosphorus, drying oil, nitric and other acids, liquefied flammable gases and etc. Pyrotechnic products are understood as objects not related to ammunition and not intended to destroy living or inanimate objects, containing explosives and fast-burning substances intended for signaling, creating a smoke screen, or illumination.
The objective side of the crime is expressed in violation of the rules of accounting, storage, transportation, use of explosives, flammable substances and pyrotechnic products, as well as in the illegal transfer of these substances by mail or luggage, if these acts negligently resulted in the infliction of serious harm to health or the death of a person. It is necessary to take into account that in case of violation of the rules of accounting, storage, transportation, use, we are talking about items that are in the legal possession of a person.
The norm is blanket; when qualifying an act, it is necessary to establish which clause, paragraph, or article of the relevant normative act was violated.
For example, clause 3.4 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On Traffic Rules” establishes that when transporting explosive, flammable, radioactive substances and toxic substances of a high degree of danger, a yellow or orange flashing light must be turned on on the vehicle colors.
The crime is completed from the moment the death or serious harm to human health is caused by negligence.
The corpus delicti is material.
The subjective side of the crime is characterized by a careless form of guilt.
The subject of the crime in case of violation of the rules for accounting for explosives, flammable substances and pyrotechnic products is a special one - an employee of an enterprise, institution or organization who, by virtue of his position or work performed, commits this action.
The subject of violation of the rules of storage, transportation, use, transfer of explosives, flammable substances and pyrotechnic products can be any sane person who has reached the age of sixteen years (general subject).
Intentional destruction or damage to property (Article 218 of the Criminal Code)
lawyer Moshkin Vitaly Vitalievich, July 19, 2020 Phone: 375296252237
Minsk City Bar Association, Legal Consultation of the Sovetsky District
This article of the Criminal Code (218) consists of three parts, each of which has important nuances
, while the criminal legal and other liability for committing such acts differs significantly.
An important common feature for all three parts of this article is 1) this crime is always committed intentionally (and what is very important - with both direct and indirect intent) 2) this crime can be committed both by destroying and damaging property. The second is very important, because If the actual destruction of property in practice is most often clear and does not cause any particular difficulties (although here there are various important nuances), then with damage to property considerable difficulties can often arise, especially if we are talking about some methods of damaging complex mechanisms or equipment that were previously used. used, antiques, etc. as well as in correctly establishing the intent of the criminal when distinguishing the attempt from the completed crime, which is especially important in view of the different sizes of destroyed or damaged property as one of the qualifying features of all three parts of the article in question. 218 CC.
In this regard, intentional destruction of property in an amount less than that provided for in Part 1 of Art. 218 of the Criminal Code (except for the destruction or damage of property in a generally dangerous manner) constitutes an administrative offense (Article 10.9 of the Code of Administrative Offences), and the destruction or damage of property through negligence on an especially large scale constitutes a crime under Art. 219 CC. Careless actions to destroy or damage property resulting in various bodily injuries or the death of a person are qualified under the relevant articles of the Code of Administrative Offenses or the Criminal Code as offenses or crimes committed through negligence.
The subject of the crime under Art. 218 of the Criminal Code is any movable or immovable property, including limited and prohibited property, however, destruction or damage to certain types of property, or committed in a certain way, creates special crimes under other articles of the Criminal Code (Articles 341, 344, 345 , 377, 381, 409, 459).
It should also be remembered that the intentional destruction or damage of someone else’s property committed out of hooligan motives, regardless of the size of the destruction, constitutes hooliganism (Article 339 of the Criminal Code).
The concepts of an intentional crime and a crime of negligence are given respectively in Art. 22 and art. 23 of the Criminal Code, in connection with which we will not dwell on this, we will only note that in the presence of a complex form of guilt (Article 25 of the Criminal Code), when committing actions to destroy or damage property, it forms a crime under Art. 218 CC.
According to the disposition of Part 1 of Art. 218 of the Criminal Code, this crime is the intentional destruction or damage of property, causing damage in a significant amount. A significant amount is an amount that is forty or more times the size of the base amount at the time the crime was committed. This crime falls into the less serious category.
According to the disposition of Part 2 of Art. 218 of the Criminal Code, this crime is the intentional destruction or damage of property, committed in a generally dangerous manner or causing damage on a large scale. This crime falls into the category of serious crimes. And here an important point appears - this crime can be committed in two ways - destruction or damage to property on a large scale (i.e. in an amount exceeding two hundred and fifty basic units at the time of the crime) or destruction or damage to property in a generally dangerous way. It is important that the destruction or destruction of property in a generally dangerous manner immediately entails Part 2 of Art. 218 of the Criminal Code, regardless of the value of the destroyed or damaged property
.
The concept of a generally dangerous method is given in Part 13 of Art. 4 of the Criminal Code, it is understood as a method of committing a crime, characterized by great destructive force or otherwise creating a danger of death, bodily harm, or other serious consequences (explosion, arson, flooding, etc.).
And indeed, in practice, it is by arson that the crime under Part 2 of Art. 218 of the Criminal Code in relation to this method of committing a crime as a generally dangerous method. In this regard, it is important to note that arson can be committed not only in relation to buildings and structures, but also various movable property (for example, parts of a car (wheels), stacked building materials, etc.) and therefore similar at first glance minor damage to property is nevertheless qualified under Part 2 of Art. 218 of the Criminal Code i.e. as a serious crime. And it will not matter for the qualification of the act, the motive and purpose of such acts (for example, to scare the offender by setting fire to the wall of a dacha or the doors of an apartment, or an attempt to destroy (burn) the same dacha, barn, etc.). In this regard, one must understand that such seemingly not very dangerous acts (such as setting fire to someone else’s apartment doors, car wheels, etc.) already constitute a serious crime with all the ensuing consequences, even if the attacker’s intent was covered only by such goals.
According to the disposition of Part 3 of Art. 218 of the Criminal Code are actions provided for in parts 1 or 2 of Article 218, committed by an organized group, or resulting through negligence in the death of a person or other grave consequences, or causing damage on an especially large scale. This part of Article 218 of the Criminal Code has a multiple alternative nature and can be committed in one or several ways at once, while the commission of at least one of them (or the occurrence of such consequences) immediately forms part 3 of Art. 218 CC. The sanction of this article provides for punishment only in the form of imprisonment for a term of seven to twelve years. The concept of an organized group is given in Art. 18 of the Criminal Code and we will not dwell on this in detail in this article. Particularly large size is a size exceeding one thousand basic units at the time of the crime. Causing death by negligence is only if there was no intent to cause the death of a person (only negligence). Other grave consequences are an evaluative category, but they are given an approximate definition in various decisions of the Plenum of the Supreme Court of the Republic of Belarus and, as a rule, represent acts committed by the perpetrators, which resulted in major accidents, catastrophes, long-term disruption of the work of transport or the production process, the work of an institution, enterprises, organizations, causing property damage on an especially large scale, causing death or serious bodily injury to at least one person, incitement to suicide, termination of pregnancy, loss of professional ability, attempted suicide, etc.
At the same time, it is necessary to distinguish between the destruction or damage of property from this method of assassination attempt or the commission of other crimes (for example, extortion, robbery, hooliganism, causing bodily harm, murder, etc.). Depending on the method of destruction or damage to property, the size or consequences that occurred, the intent to commit other crimes, acts of destruction or damage to property are covered by the relevant articles of the Criminal Code or require additional qualification (set of crimes) under Art. 218 CC.
What to do if you are groundlessly suspected or accused of committing a crime under Art. 218 CC? In this case, active defense is best. Depending on the circumstances of the case, this usually means giving exhaustive testimony and presenting evidence of one’s innocence. In such cases, you should not behave passively. The help of a competent lawyer will be useful. And although acts under Art. 218 of the Criminal Code, as a rule, leave behind a lot of material traces and evidence, all the circumstances of the case should be taken into account, what testimony will be given by eyewitnesses (witnesses), what questions need to be addressed in order to correctly establish the circumstances of the commission of the act, if there are grounds assume the giving of untruthful or inaccurate testimony, the events preceding this, because As a rule, actions under Art. 218 of the Criminal Code are based on the fact of pre-existing hostile relations towards the victim.
What to do if you nevertheless retreated and actually committed this crime? In this case, if a criminal case has not yet been initiated, take measures to ensure that it is not initiated. Which? Obviously, reconciliation with the victim can be the most effective. If a criminal case has already been initiated, then it is better to take measures to terminate it in connection with reconciliation with the victim (Article 89 of the Criminal Code) or in connection with bringing to administrative responsibility (Article 86 of the Criminal Code) (in relation to Part 1 of Article 218 of the Criminal Code ). If there are no such grounds, then mitigation of liability. According to paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated January 26, 2002 No. 1 “On the imposition of criminal punishment by the courts”, the presence of at least one of the mitigating circumstances specified in paragraphs. 1,3 and 4 (voluntary compensation for harm) Art. 63 of the Criminal Code, indicates active repentance
the culprit. Moreover, when attracted to ug. liability for the first time, by virtue of Art. Art. 77 and 78 of the Criminal Code, it is possible to apply a deferment of execution under Part 2 of Art. 218 of the Criminal Code or the imposition of a punishment in the form of restriction of freedom without being sent to an open correctional institution, and Art. 218 of the Criminal Code was subject to amnesty.
It should also be understood that the most optimal way out is to take a competent and thoughtful position.
I am lawyer Vitaly Vitalievich Moshkin. Cont. tel. +375296252237, +375295625329
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Sincerely,
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